Skip to main content

Manual scavenging bill, passed in Parliament, has several lacunae, is 'confined to urban areas'

By A Representative
Meera Mathew, a senior advocate at the Supreme Court of India, has said that the Prohibition of Employment as Manual Scavengers and their Rehabilitation Bill, 2012, pssed in Parliament, has several major flaws. In her latest opinion on the subject, the senior lawyer particularly pointed towards Chapter IV of the bill, which shows that it entirely deals with the identification of manual scavengers in urban areas and their rehabilitation.
Mathew has said, “Though rehabilitation has been included in the bill, the proposed law does not state which agency would be responsible for the rehabilitation. Neither the state nor the centre is mandated under the bill to provide financial assistance for the conversion of dry latrines. Though the bill talks about abolition, it does not mention the provision of protective equipment to safai karamcharis.”
Then, she points out, “The bill’s definition of the Chief Executive Officer’s duties, who is responsible for the identification of manual scavengers, is vague. Further, the bill should mandate that all manual scavengers are classified as Antyodya households to help ensure that they get all the benefits that the government offers people living below the poverty line. The bill also needs to address the terms of the financial assistance that manual scavengers can avail of, as part of their rehabilitation.”
Mathew regrets, “In 1993, India enacted the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act which prohibits the employment of manual scavengers and the construction or continuance of dry latrines. Again, ironically, there has not been a single conviction under this law in the past 20 years.” She adds, “We have a National Commission for Safai Karamcharia that has a chairman, four members and a secretary. However, the Commission’s website is redundant and that provides no statistics that help us understand the condition of safai karamcharis.”
She further says, “Their population is not counted separately in the general census because they fall under the single legal category of ‘Scheduled Castes’. However, a 2009 annual report of the Union Ministry of Social Justice and Empowerment claims there are an estimated 7.7 lakh manual scavengers and their dependents across India.”
Pointing towards government indifference towards fighting the evil of fighting manual scavenging, she says, “It took judicial intervention, for this. Two cases — Safai Karamchari Andolan and Ors. v. Union Of India and Ors. (Writ Petition (C) No.583 of 2003) and Union of India v A. Narayanan (SLP (C) No. 23086 of 2011) were filed in Supreme Court. These petitions sought effective steps for the elimination of the practice of manual scavenging.”
Simultaneously, “the two petitions also wanted the formulation and implementation of comprehensive plans for rehabilitation of all persons employed as manual scavengers. To ensure these broad goals were achieved, the petitioners asked the Supreme Court to direct the Centre and States to take time-bound action on a host of specific measures”.
No doubt, the lawyer says, there are some major positive factors in the new law. For instance, “section 5 (3) of the new Bill obligates local authorities to conduct surveys of dry and wet latrines and provide sanitary public latrines. It imposes heavy penalties on the violators of the Act, which includes the occupants of homes that fail to demolish dry latrines or convert it into pour-flush toilets within the prescribed time-limit. Those who employ manual scavengers for cleaning of sewers and septic tanks are also liable for heavy penalties. This offence is considered as cognizable and non-bailable.”
Mathew comments, “India prides itself on having a Constitution that guarantees a free and noble existence to all its citizens. Yet, the progressive face of modern India has a relentless and ugly tinge; characterised by problems like manual scavenging. It has long been a matter of embarrassment that foreigners who visit India complain about our poor levels of sanitation.”
She adds, “The government which has the means to invest in infrastructural and developmental activities for the welfare of this unfortunate community is not the only impediment. Citizens in urban areas who dump non-degradable wastes into drainage systems and those in rural areas who refuse to phase out dry latrines actively encourage this exploitative system to continue.”
The lawyer insists, “Manual scavenging should be seen as a gross violation of human rights. The new manual scavenging legislation should not be a toothless one like the 1993 legislation. If this bill does become a reality, civil society must hold the central and state governments to the promises made in the bill. As of today, the reality of our manual scavengers has not changed significantly from what one of Mulk Raj Anand’s characters (a manual scavenger) in his path-breaking novel, Untouchable (1935), says: ‘They think we are dirt because we clean their dirt’.”

Comments

TRENDING

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Was Netaji forced to alter face, die in obscurity in USSR in 1975? Was he so meek?

  By Rajiv Shah   This should sound almost hilarious. Not only did Subhas Chandra Bose not die in a plane crash in Taipei, nor was he the mysterious Gumnami Baba who reportedly passed away on 16 September 1985 in Ayodhya, but we are now told that he actually died in 1975—date unknown—“in oblivion” somewhere in the former Soviet Union. Which city? Moscow? No one seems to know.

Love letters in a lifelong war: Babusha Kohli’s resistance in verse

By Ravi Ranjan*  “War does not determine who is right—only who is left.” Bertrand Russell’s words echo hauntingly in our times, and few contemporary Hindi poets embody this truth as profoundly as Babusha Kohli. Emerging from Jabalpur, Madhya Pradesh, Kohli has carved a unique space in literature by weaving together tenderness, protest, and philosophy across poetry, prose, and cinema. Her work is not merely artistic expression—it is resistance, refuge, and a call for peace.

The golden crop: How turmeric is transforming women's lives in tribal India

By Vikas Meshram*   When the lush green fields of turmeric sway in the tribal belt of southern Rajasthan, Madhya Pradesh, and Gujarat, it is not merely a spice crop — it is the golden glow of self-reliance. In villages where even basic spices once had to be bought from the market, the very soil today is yielding a prosperity that has transformed the lives of thousands of families. At the heart of this transformation is the initiative of Vaagdhara, which has linked turmeric with livelihoods, nutrition, and village self-governance — gram swaraj.

Authoritarian destruction of the public sphere in Ecuador: Trumpism in action?

By Pilar Troya Fernández  The situation in Ecuador under Daniel Noboa's government is one of authoritarianism advancing on several fronts simultaneously to consolidate neoliberalism and total submission to the US international agenda. These are not isolated measures, but rather a coordinated strategy that combines job insecurity, the dismantling of the welfare state, unrestricted access to mining, the continuation of oil exploitation without environmental considerations, the centralization of power through the financial suffocation of local governments, and the systematic criminalization of all forms of opposition and popular organization.

Echoes of Vietnam and Chile: The devastating cost of the I-A Axis in Iran

​ By Ram Puniyani  ​The recent joint military actions by Israel and the United States against Iran have been devastating. Like all wars, this conflict is brutal to its core, leaving a trail of human suffering in its wake. The stated pretext for this aggression—the brutality of the Ayatollah Khamenei regime and its nuclear ambitions—clashes sharply with the reality of the diplomatic landscape. Iran had expressed a willingness to remain at the negotiating table, signaling a readiness to concede points emerging from dialogue. 

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah  Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

The price of silence: Why Modi won’t follow Shastri, appeal for sacrifice

By Arundhati Dhuru, Sandeep Pandey*  ​In 1965, as India grappled with war and a crippling food crisis, Prime Minister Lal Bahadur Shastri faced a United States that used wheat shipments under the PL-480 agreement as a lever to dictate Indian foreign policy. Shastri’s response remains legendary: he appealed to the nation to skip one meal a day. Millions of middle-class households complied, choosing temporary hunger over the sacrifice of national dignity. Today, India faces a modern equivalent in the energy sector, yet the leadership’s response stands in stark contrast to that era of self-reliance.

False claim? What Venezuela is witnessing is not surrender but a tactical retreat

By Manolo De Los Santos  The early morning hours of January 3, 2026, marked an inflection point in Venezuela and Latin America’s centuries-long struggle for self-determination and independence. Operation Absolute Resolve, ordered by the Trump administration, constituted the most brutal and direct military assault on a sovereign state in the region in recent memory. In a shocking operation that left hundreds dead, President Nicolás Maduro and First Lady Cilia Flores were illegally kidnapped from Venezuelan soil and transported to the United States, where they now face fabricated charges in a New York federal detention facility. In the two months since this act of war, a torrent of speculation has emerged from so-called experts and pundits across the political spectrum. This has followed three main lines: One . The operation’s success indicated treason at the highest levels of the Bolivarian Revolution. Two . Acting President Delcy Rodríguez and the remaining leadership have abandone...